Criminal Misc. No.M- 20834 of 2017 (OM) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No.M- 20834 of 2017 (OM)
Date of decision : November 03, 2017
Parneet Arora …..Petitioner
Versus
State of Punjab and another ….Respondents
CORAM:- HON’BLE MRS. JUSTICE LISA GILL
Present: Mr. Mohinder Kumar, Advocate
for the petitioner.
Mr. Rahul Rathore, DAG, Punjab.
None for respondent No.2.
***
LISA GILL, J.
Prayer in this petition is for quashing of FIR No. 117 dated
18.03.2012 under Sections 498A, 420 IPC registered at Police Station Civil
Lines, District Amritsar City, and all other consequential proceedings
arising therefrom on the basis of a compromise arrived at between the
parties.
The abovesaid FIR was registered at the instance of respondent
No.2 due to matrimonial discord with her husband – petitioner. With the
intervention of respectables and relatives, a compromise has been arrived at
between the parties, the terms of which were reduced into writing on
31.05.2017 Annexure P-3). The present petition has been filed on the basis
of this compromise.
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It is informed that petition under Section 13B of Hindu
Marriage Act, 1955 (‘the Act’ – for short) filed by the petitioner and
respondent No. 2 has since been allowed on 10.08.2017. A certified copy of
the said judgment, decree as well as the statements of the parties recorded in
the said proceedings, produced in Court today are taken on record subject
to just exceptions.
This Court on 28.07.2017 directed the parties to appear before
learned trial court for recording their statements in respect to the above-
mentioned compromise. Learned trial court was directed to submit a report
regarding the genuineness of the compromise, as to whether it has been
arrived at out of the free will and volition of the parties without any
coercion, fear or undue influence. Learned trial court was also directed to
intimate whether the petitioner is absconding/proclaimed offender and
whether any other case is pending against him. Information was sought as
to whether all affected persons are a party to the settlement.
Pursuant to order dated 28.07.2017, the parties appeared before
the learned Additional Chief Judicial Magistrate, Amritsar and their
statements were recorded on 10.08.2017. Respondent No.2 stated that she
has amicably resolved the matter with the accused petitioner. Petition under
Section 13B of the Act is stated to have been filed by her as well as the
petitioner. Respondent No. 2 further stated that keys of the residential house
(belonging to her father-in-law) would be handed over at the time of
recording of final statement in the proceedings under Section 13B of the
Act. Respondent No.2 stated that she has no objection to the quashing of the
abovesaid FIR qua the petitioner. Statement of the petitioner in respect to
the compromise was also recorded.
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As per report dated 14.08.2017 received from the learned
Additional Chief Judicial Magistrate, Amritsar, it is opined that the
compromise between the parties is genuine, voluntary and arrived at out of
free will of the parties. The petitioner is not reported to be a proclaimed
offender. Statements of the parties are appended alongwith the said report.
It is informed by learned counsel for the petitioner that the keys
of the residential house of the petitioner’s father have since been handed
over by respondent No. 2.
Mr. G.B.S. Dhillon, Advocate had appeared on behalf of
respondent No.2 on 28.07.2017 and affirmed the factum of settlement
between the parties.
Learned counsel for the State submits that as the abovesaid FIR
arises out of a matrimonial dispute, the State has no objection to the
quashing of this FIR on the basis of a settlement arrived at between the
parties.
In Kulwinder Singh and others versus State of Punjab and
another 2007 (3) R.C.R. (Criminal) 1052, a five member Bench of this
Court has observed as under:-
“The compromise, in a modern society, is the sine qua
non of harmony and orderly behaviour. It is the soul of justice
and if the power under Section 482 of the Criminal Procedure
Code is used to enhance such a compromise which, in turn,
enhances the social amity and reduces friction, then it truly is
“finest hour of justice”.
The Hon’ble Supreme Court in B.S.Joshi and others v. State
of Haryana, 2003(4) SCC 675 has observed that it becomes the duty of the
Court to encourage genuine settlements of matrimonial disputes.
Keeping in view the facts and circumstances of this case, it
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would be in the interest of justice to quash the abovesaid FIR as no useful
purpose would be served by continuance of the present proceedings. It will
merely lead to wastage of precious time of the court and would be an
exercise in futility.
This petition is, thus, allowed and FIR No. 117 dated
18.03.2012 under Sections 498A, 420 IPC registered at Police Station Civil
Lines, District Amritsar City, alongwith all consequential proceedings are,
hereby, quashed.
(Lisa Gill)
November 03, 2017 Judge
rts
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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